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Declaration of Independence and the Constitution

Last but not least, the other grievances that were raised in the Declaration of Independence by the United States to the Crown of Britain included the talking away of the charters of the United States as well as the abolishment of the valuable laws of the US, “For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Gover...

Examining the Constitutionality of the Louisiana Purchase

Republic, 30.1 (2010): 139-142. Web. 27 Jan. 2013. Harriss, Joseph. “Westward Ho!” Smithsonian 34.1 (2003): 100. MasterFILE Premier. Web. 27 Jan. 2013. National Archives. "Bill of Rights Transcript." The U.S. National Archives and Records Administration. Web. 27 Jan 2013. Theriault, Sean M. “Party Politics During The Louisiana Purchase.” Social Science History 30.2 (2006): 293-324. Academi...

Constitutionalism in England in the 17th Century

The Bill of Rights eliminated absolutism in England forever, making it impossible for the king to oppose Parliament or do without Parliament’s approval. In the Bill of Rights, the people were given rights to petition, to bear arms, and the right to trial by a jury. The Bill of Rights established a government based on the rule of law, where no one was above the law including the king. This laid t...

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US constitution

The constitution has given individuals of the country many rights that are not easy to be found in other countries. It lays the basis for law, and gives all americans an equal opportunity in trials, holding government positions, and voting. Without the fundamental principals laid by our founding fathers in the original constitution we wouldn’t be able to have the government system we do now. Al...

Conflict Between Legislature and Judiciary

[ 5 ]. A two-part process of three steps: amendments are proposed then they must be ratified by the states. An Amendment can be proposed one of two ways. Both ways have two steps. It can be proposed by Congress, and ratified by the states. Or on demand of two-thirds of the state legislatures, Congress could call an Article V Convention to propose an amendment, or amendments, which would only be va...

Media Law Case Studies

4. Section 8A(2) of PPPA is merely a statutory presumption which operates at the trial stage, arising only if the prosecution are able to prove – when prosecuting the accused in court – that the news published is false. Section 8A(2) is, in no way, equated with pre-censorship, which can only take place before publication. Moreover, Section 8A(2) does not restrict freedom of press either direct...

The Role of Youth in Indian Politics

(6) Ordinarily, courts should not pronounce on the validity of an Act or part of an Act, which has not been brought into force, because till then the question of validity would be merely academic. Indian judiciary has been able to overcome the restrictions that were put on it by the 42nd amendment, with the help of the 43rd and 44th amendments. Now the redeeming quality of Indian judiciary is that...

Philippine Constitution - Article Iii

1) Permissible interference – lawmaking body may provide observance of curfew ours, commitment of mentally deranged persons to a mental institutions, confinement to a hospital, arrest and detention of the accused 2) Intervention of the court – a court order is not necessary Sec 7. Right of the people to information on matters of public concern shall be recognized 1) Access to official records ...

Constitution vs Articles of Confederation

The new Constitution was drafted because the Articles of Confederation, which preceded it, didn't live up to the expectations. The states were undoubtedly happy as they were in command, with the national government having no enforcing authority whatsoever, but this left the United States of America in a state of chaos - with each state coming up with its own laws. With all this chaos, the US Const...

Company’s constitution

Majority cannot ratify director’s breach of duty if it is oppressive. In this case, we know that the relationship between Mark and his cousins broke down. Mark could claim that there is oppression then try to invalid this meeting. Finally, board of directors can delegate certain tasks to committees, a single director, an employee or another person unless constitution prevents it. Although Mark c...

Impact of Articles of Constitution and Confederation on Economy

This was made possible by reassigning the economic sovereignty to the national government. In conclusion, the drafting of the Constitution can be simplified to a transfer of economic power to the national government used to generate secure sources of revenue to get out of debt. The Articles of Confederation was merely too passive and vague to create a dependable taxation plan. The Constitution adm...

Founding Fathers and Constitution

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Problem of Elections in Nigeria

In this regard all elected officers ranging from the Presidency, the Governors to the Local Government Chairmen should step down before the general election is conducted, this due to the fact that, such officials have influence over the election in their respective domain, they have the power to hijack the electioneering materials thereby dictating the area where ballot boxes would be sent to and ...

Constitutions of Pakistan

Wherein shall be guaranteed fundamental rights, including equality of status, of opportunity and before [the] law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality; Wherein adequate provision shall be made to safeguard the legitimate interests of minorities and backward and depressed classes; Whe...

The Constitutional History of India- 1858- 1950

This Drafting committee referred various constitutions of the world; they also borrowed various useful things to the constitution of India. And depending on that analysis the Drafting Committee submitted its final draft to the constituent Assembly on 4th November 1947. Then a long debate took place for 2 years on the final draft of the constitution. All the members of the constitution assembly sug...

Constitution a Radical Departure from the Articles of Confederation?

This led for them to print large amounts of paper money in which caused inflation making the money worthless. Many of these problems led to people wanting a stronger central government. In 1787, delegates from the 13 states went to Philadelphia to amend the Articles of Confederation. Debates quickly turned away from reforming the Article of Confederation to creating a new national government. Most...

Article 21 of the Constitution of India After Maneka Gandhi's Case

21. This was followed by a series of decisions, where the conceptions of ‘life’ and ‘personal liberty’ were interpreted liberally to include rights which had not been expressly enumerated in Part III.27 The width of Article 21 will keep expanding as long as our Supreme Court upholds its title of the activist court, and intervenes dutifully to preserve the fundamental rights of the people. ...

Elements of a State and Philippine Constitution

THE 1987 CONSTITUTION OF THE REPUBLIC OF THE PHILIPPINES – ARTICLE I | Official Gazette of the Republic of the Philippines. (n.d.). Retrieved from http://www.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-i/ The History and Evolution of the Philippine Constitution | Law | Jcmiras_03. (2014, August). R...

Reservation Policy and Indian Constitution

Reservations alone are not enough to mainstream the SCs and the STs to the levels of the other sections of the society. The system of reservations meant to uplift the weaker sections, has in fact, succeeded in the creation of creamy layers within the marginalized social groups to the extent that the percolation of the benefits have been marginal and differentially accessed. The vision of Ambedkar,...

The sources of the English Legal System in the order of their constitutional importance

The impact of European law has been felt in the areas of industry, employment, human rights and financial services so far. For instance, as the scope of European law expands through new treaties, its impact on English law, politics and society increases. One example clearly illustrates this trend. The Westminster Parliament legislated The Human Rights Act in 1998 according to which the European Co...

Analysis of Constitution's Preamble

Avtar Singh: The preamble can be an aid in constructing a provision when the provision is ambiguous. It can afford useful assistance to certain legislation intention but cannot control otherwise the plain meaning of a provision. G.P. Singh: The preamble is expected to express the scope, object and purpose of the act more comprehensively than the long title. It may recite the ground and cause of ma...

Articles of Confederation vs Constitution

Soon after, The Federalist Papers were written by John Jay and Alexander Hamilton of New York, and James Madison of Virginia. This document encouraged the ratification of the Constitution. These papers circulated through New York and other states and soon after ratification passed in the New York and Virginia state conventions. The last and final state to ratify the Constitution was Rhode Island. ...

Summary of the Article Iii of the 1987 Constitution of the Republic of the Philippines Bill of Rights

No law granting a title of royalty or nobility shall be enacted. SECTION 32. The Congress shall, as early as possible, provide for a system of initiative and referendum, and the exceptions therefrom, whereby the people can directly propose and enact laws or approve or reject any act or law or part thereof passed by the Congress or local legislative body after the registration of a petition therefo...

United states constitution

The states often failed to meet these requests in full, leaving both Congress and the Continental Army chronically short of money. The country was in major debt, but had no way to pay it off. As a resolution delegates came up with to pay the debts of the United States, and to provide for the common defense and general welfare of the United States. Taken together, these purposes have traditionally ...

The Constitution: Unity or Disunity?

The Constitution has been considered genius because it is simply a series of compromises that make it acceptable to many. However, its vagueness, which has allowed it to mutate and take new form for almost 250 years, has also led to many disputes about its interpretation. The main constitutional concern in the years before the Civil War is whether or not states could invalidate acts of the federal...

The Three Major Compromises of the Constitution

The Commerce and Slave Trade Agreement: Now the Congress was scared that the abolishonists, the industrial northern representatives, would try to change the slave laws in the south and add a stronger export tax on the agricultural southern tobacco. So, the congress decided that the governmentcould not interfere with slave laws for the first twenty years after the adoption of the constitution and t...

Equal protection and due process clauses

In reference to the 14th amendment, Senator Jacob M. Howard, one of the 14th Amendment?s authors, once stated, ?It establishes equality before the law, and it gives, to the humblest, the poorest, the most despised?the same rights and the same protection before the law as it gives to the most powerful, the most wealthy, or the most haughty?. Without this principle of equal justice to all men and eq...

Constitutional and social development between 1860 and 1877

Another development that caused a revolution was the Reconstruction Act. Looking at Document F you can see that Senator Lot Morrill thinks that the Civil Rights Act of 1866 is revolutionary. But he was furious because there was already a revolution taking place and nobody knew or cared. The speech brought up many questions about what had to be fixed and what kind of revolution would occur. These ...

Is the constitution effective?

The Constitution is a very effective document that helped the United States in many ways. The Framers never wanted to have tyranny rule over the nation, and it hasn't because of this document. The Constitution protects the rights of the people, as well as maintains a strong central government the people can rely on. The Constitution has lasted the United States this long with great success, so who...

Tyranny in Our World

Concluding, anyone who thinks that tyranny is somehow finished due to the existence of the US Constitution and its clauses which protect individual freedom, will inevitably be rudely awakened one day. The ability of humans to ruin great ideas and descend into slavery, real or institutionalized, is truly one of the wonders of our world. Tyranny will always be a threat as long as people roam the ear...

Consitutional issue in Brandy V HREOC

The High Court seeks to achieve justice by consistently applying rules and procedures that shape a fair, consistent and predictable legal system and constrains government arbitrariness. It does not concern whether the end result will be substantive, as such it satisfies ethical, emotional or political factors. This notion of justice is more concerned with process and procedure than the result. As ...

Sovereignty and Preamble

24 It is a very difficult task to find out as what is the ratio in Keshavananda Bharti Case. I believe with what Justice R. C. Lahoti further says; When it is necessary to determine the width or reach of any provision or when there is any ambiguity or obscurity in the provision which needs to be clarified or when the language admits of meanings more than one the Preamble may be relied on. But when...

Motivation in History: Charles Beard and the Founding Fathers

I believe that Beard's thesis on the motives of the Founding Fathers was not entirely correct because it was more than economics. I am impress on his thesis because he does creates support back up his thesis and with just reading his writing it makes you wonder is it possible, which is want he want that to be the reaction of people. The problem is if you are an historian you could not just read hi...

Charles Beard - Framing the Constitution

I do not really agree with Beard. It seems like the framers really did do a good job at protecting the rights of average citizens. Especially considering how long the constitution has lasted and how much changed in regard to everyday life has since then. They did an incredible job at making the constitution a long lasting and effective document. Beard was the opposite of Roche. I think that they w...

Present condition of rule of law in Bangladesh

However, the proposed measures for overcoming the shortcomings of rule of law also are not final but these are fundamental. Independent and particular policy for rule of law is a must for overcoming the ambiguity and anomalies in rule of law. After all, government must be committed to ensure the security of life and property of the people, protection of individual rights and the dissention of just...

FAQ about Constitution

How Did the Constitution Guard Against Tyranny?

...U.S. government. For example, the government is divided into 3 branches which are fair and equal. It is important to understand, to know that our constitution protect us from somebody taking over states. I think that is important today because in my ...

To what extent have constitutional reforms since 1997 made the UK more democratic?

...Citizens may vote in favor of a party under the influence of the majority. Compelled or influenced by opinions of those around, a person may not use his own judgment when voting. This may cause fascist parties to come into power, which could indicate ...

On How Not to Read the Constitution

...Both Dorf and Tribe summarize, “Inconsistency-even inconsistency with democracy–is hardly earth shattering.” It means that there never will be perfect systems if there is a human factor: in this case, it is the necessity of people to interpret. ...

Why Has the American Constitution Lasted so Long?

...[ 4 ]. Hodder-Williams, Richard (2003) ‘The US Constitution’, in Singh, Robert, Governing America: the politics of a divided democracy, Oxford: Oxford University Press, p. 53. [ 5 ]. Barrows, David Prescott (1936) ‘The Constitution as an Elemen ...

Why is our constitution called "a bundle of compromises?"

...In short, all delegates at the Convention believed in a system with checks and balances, and the conservatives deliberately erected safeguards against excesses of mobs. However, the people still had power, and the government was still based on the pe ...

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